Conditions of Use

There are always a few legalities when shopping on-line, which we appreciate, can be a little bit boring. These terms and conditions help to keep Éclat Crafts online website a safer place to trade so please take some time to read through these Terms and Conditions carefully before purchasing, you may even wish to print them out for future reference - Thank you.

1) Definitions.

1.1) "Buyer" means the individual or organisation that buys or agrees to buy the goods from the seller.

1.2) "Contract" means the agreement between the seller and the buyer for the sale and purchase of goods incorporating these terms and conditions.

1.3) "Goods" means the articles that the buyer agrees to buy from the seller.

1.4) "Seller" means Éclat Crafts of 14 Broadstairs Road, Broadstairs, Kent. CT10 2RJ.

2) Conditions.

2.1) By using or purchasing from this website you agree to be bound by these terms and conditions.

2.2) These terms and conditions are governed by the laws of England and Wales and in no way shall affect you the buyer's statutory rights, although the seller reserves the right to refuse to supply goods or services at our discretion without further explanation.

2.3) The terms and conditions are subject to change at any time, and it is your responsibility to check these terms and conditions regularly before ordering products in case there are any changes.

2.4) The Privacy Notice and Delivery and Returns information are also part of the terms and conditions.

3) Goods.

3.1) We make every effort to ensure that all goods on our website are described accurately. However, we will not accept liability for any errors in the description of goods on the website. We will attempt to correct any problems as soon as we are aware of them.

3.2) Illustrations and descriptions of products are provided as a guide only. Actual products may vary. All product measurements are approximate and are taken at the widest points. Due to colour variations on monitors the colours of products shown on this website may vary.

3.3) Some of the goods sold on this site contain small parts and are not suitable for children. Therefore, many items require adult supervision and should be kept away from small children due to potential choking hazards, etc. Remember these are not children's toys.

4) Orders.

4.1) All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these terms and conditions, and are subject to acceptance by the seller. There is no minimum order value.

4.2) No order placed by the buyer shall be deemed accepted by the seller until payment of the order including any delivery charges have been made in full. If paying by cheque no goods will be dispatched until clearance of the cheque via the seller's bank.

4.3) The buyer must ensure that the terms of your order, including the address for delivery are complete and accurate. The buyer agrees that e-mail, telephone and written correspondence can be used as means of communication. All of this information that the buyer provides about themselves to us, shall be used in accordance with our Privacy Policy.

4.4) If there are any changes to the details supplied by you the buyer, it is your responsibility to inform Éclat Crafts as soon as possible.

4.5) Every effort is made to ensure that only goods in stock are shown on the website. Éclat Crafts shall make every effort to update the website at all times, but you understand and acknowledge that Éclat Crafts are not liable to the buyer for any failure or delay to fulfill an order due to goods being out of stock, withdrawn or discontinued.

4.6) All goods are subject to availability. If on receipt of the buyers order the goods are not available, Éclat Crafts will inform you as soon as possible, and refund or re-credit the buyer for any sum paid by you or debited from your credit card for the goods.

4.7) We do not back order out of stock goods, please re-order at a later stage.

4.8) All quotations and advertisements for products given on this website are given on the basis that no contract for sale shall come into existence between the seller and buyer until we have received full payment from you and issued acknowledgement of your order. Any quotations or advertisements for products given on this website may be altered or withdrawn by us at any time.

4.9) Once an order has been placed by you and accepted by us you have no right to cancel the order, except at our discretion in exceptional circumstances. Once we have dispatched the products we are unable to cancel any orders.

5) Price and Payment.

5.1) All prices are displayed in UK Pounds Sterling and are inclusive of VAT (where applicable) at the prevailing rate, currently 17.5%. The cost of postage and packaging is not shown on the price of individual goods, but shall be calculated when you place your order with us and payment shall be due at the time of payment for the goods.

5.2) Unless otherwise agreed between buyer and seller, the price for the products shall be the price advertised on the website as published on the date of the order.

5.3) All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable for any delay or non-delivery. We do not accept payment by cash or with postage stamps, or any method not listed specifically at the Éclat Crafts shop website.

5.4) The buyer must ensure that they are fully entitled to use the payment card at the time when they provide the details required within the Éclat Crafts Shop, and that when you use the card, the card has available funds to cover all charges incurred on it in the course of buying from us.

5.5) All payment transactions are processed using a secure server.

5.6) Should your payment not be honored Éclat Crafts reserve the right to take all legal steps to recover monies owed and the expenses incurred in doing so.

5.7) You must be able legally to enter into contracts for goods and services that you may buy here.

5.8) Time of payment shall be of the essence and no payment shall be deemed to be received by us until it has been received in full and cleared funds.

5.9) Payment for the goods can be made by any method shown on Éclat Crafts website at the time you place your order.

Payment by cheque or Postal Order

Goods will be dispatched once the cheque has cleared in our bank, please allow 7 working days for clearance. Working days are classed as Monday to Friday and do not include Bank or Public Holidays. Please make cheques and postal orders made payable to Éclat Crafts.

Send payment to:

Éclat Crafts.
14 Broadstairs Road
Broadstairs
Kent
CT10 2RJ.

Please include the following details on the reverse of your cheque or postal order:

Item/s ordered.
Order number.
Your name, delivery address, telephone number and email address.

6) Warranties

6.1) All warranties, conditions and other terms implied by state or common law are, to the fullest extent permitted by law, excluded from this Agreement.

6.2) All goods carry the warranty stated on the goods individual description.

6.3) Éclat Crafts shall only extend the benefit of the manufacturer's warranty to you, and do not separately warranty the products ourselves.

6.4) In the event of any goods requiring replacement or repair under warranty, you must contact the manufacturer directly.

7) Force Majeure

7.1) Éclat Crafts shall have no liability to the buyer for any failure to deliver goods you have ordered or any delay in doing so, or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

8) Links To Other Sites.

8.1) Éclat Crafts Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Éclat Crafts and Éclat Crafts is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Éclat Crafts is not responsible for web casting or any other form of transmission received from any Linked Site. Éclat Crafts is providing these links to you only as a convenience.

9) Limitation Of Liability.

9.1) Without prejudice to the other provisions in these terms and conditions, these provisions set out our total financial liability to you.

9.2) All times given for delivery, restocking etc. are estimates only and Éclat Crafts shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any delay by us, including if such delay was caused by our negligence.

9.3) Nothing in this agreement shall limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to attempt to exclude our liability or for fraud or fraudulent misrepresentation.

9.4) Without prejudice to the other provisions of this agreement, our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in the performance or contemplated performance of this Agreement shall be limited to the price of the products in any single order.

9.5) Éclat Crafts nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

10) Severance.

10.1) If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

11) Changes to Terms and Conditions.

11.1) The seller shall be entitled to alter these terms and conditions at any time but this right shall not affect the existing terms and conditions accepted by the buyer upon making a purchase.

12) Governing Law and Jurisdiction.

12.1) These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts. Those who access the site from other locations are responsible for compliance with their local laws and their taxes as applicable. Any disputes not resolved by normal complaints procedure will be resolved exclusively in the courts of England and Wales under English Law.

13) Copyright.

13.1) The entire website and its contents are copyrighted. Mechanical reproduction of any portion of this website for commercial purposes is strictly prohibited without written permission and proper © notice. Send written requests to customerservices@eclatcrafts.com.

13.2) Items in the Gallery are also covered by copyright laws. Éclat Crafts are quite happy for you to produce these items for your own personal use only. Under no circumstances are any items in the gallery to be mass produced or mechanically reproduced for any form of personal gain.

13.3) Any person or company found to be in breach of the copyright laws will be prosecuted.